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    sahm79's Avatar
    sahm79 Posts: 2, Reputation: 1
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    #1

    Jun 9, 2009, 12:51 PM
    30 days notice, still owe whole rent?
    I have lived in the same house for the last 7 years in TX. Recently, my husband decided to leave and moved out, I was a SAHM and he paid all the bills. I gave the landlord my 30 days notice on June 5th, the second I found out about the situation. She says I have to pay the whole rent for July, instead of just the 5 days (I'm actually leaving the last week in June). Is this right?
    We had a lease the first year but we never renewed it.
    Also, what am I responsible for?
    I'm planning to paint the house and really clean it, but the carpet is pretty messed up due to a flood, we removed most of it and there is just the subfloor. The landlord knows about the carpet removal and they were going to replace it but never got around to it. I asked permission to just paint it and got it. What I'm worried about is that I talk to them on the phone or in person and there is no proof that they know about it. Can I be charged for that?
    Is my husband also responsible for the rent if I can not pay it, he's on the original lease?
    Will my original deposit go towards the July rent?
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Jun 10, 2009, 09:25 AM

    PROPERTY CODE   CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS
    I'm not an expert when it comes to reading these laws. But if I'm understanding this correctly then no, you cannot be charged for July's rent.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #3

    Jun 10, 2009, 01:19 PM

    It depends, does your lease say you have to give 30 days notice or more?

    I'm not an expert either but since you gave notice on the 5th of June they do not have a full 30 days to find a new tenant for July 1 so they might be allowed to charge you July's rent (in part or possibly in full) since they never got 30 days.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 10, 2009, 02:45 PM

    First the law on this varies so since you left off your location we can't answer definitively.

    Since you never signed a new lease you became a month to month (or periodic) tenant. In some places all that's required is 30 days notice. In others, a full rental period's notice is required.

    It would appear your landlord believes it's the latter. Therefore, since you did not give notice prior to June 1, the earliest you could terminate would be on July 31.

    Your original lease is still in effect with the exception of the expiration and rental. So the lease may say you have to give one full rental period as notice.

    A landlord may choose to use the deposit towards unpaid rental, but it's their choice not yours.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 10, 2009, 02:49 PM
    Quote Originally Posted by justcurious55 View Post
    PROPERTY CODE CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS
    i'm not an expert when it comes to reading these laws. but if i'm understanding this correctly then no, you cannot be charged for July's rent.
    You read THAT law correctly. But you have no idea whether it applies to the OP or not.

    I understand the desire to be helpful. But both of the first two responses are incorrect or not applicable. Neither meet the high standards we set for this site.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    Jun 10, 2009, 04:38 PM

    First you go back to the lease, some of the terms, such as days notice to move out still apply,

    And yes you and your husband are both liable. But they may sue both you and him and evict both you and him.

    Normally at least in the states I live or have owned rental houses, you would owe the entire month of July,
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #7

    Jun 11, 2009, 08:54 AM

    Scottgem, how do we determine if it would apply to the OP? She said that she was in TX so I looked up their laws. And that's what I found. Who would that apply to? I'm only asking so I can understand this better.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jun 11, 2009, 09:08 AM
    Quote Originally Posted by justcurious55 View Post
    scottgem, how do we determine if it would apply to the OP? she said that she was in TX so i looked up their laws. and that's what i found. who would that apply to?? i'm only asking so i can understand this better.
    My bad. I missed that she said she was in TX. I did look at the OP to check and I just missed it.

    Therefore the law you cited is right on point and the OP only owes rent up to July 5th as per 91.001 (b) and (d). Except if Subsection (e) applies. It would apply if the last signed lease contains a terminstation clause with different wording.

    Again, my apologies.
    sahm79's Avatar
    sahm79 Posts: 2, Reputation: 1
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    #9

    Jun 11, 2009, 10:15 AM
    Yes, I am in tx. The only thing it says in my lease is that I have to give 30 days notice and nothing else.
    So correct me if I'm wrong, does this mean she would prorate the 5 extra days? Because I would rather have it all settled instead of going to court.
    I'm still worried about the carpet but I did get 3 estimates on how much it cost to replace, even if I was found at fault.
    Thanks everyone for the responses.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #10

    Jun 11, 2009, 12:15 PM

    Scottgem :
    both of the first two responses are incorrect or not applicable. Neither meet the high standards we set for this site.
    I don't see how I was wrong, she does indeed have to pay July's rent in part, as I said. I realize the landlord's need to find a new tenant is not the OP's problem but it is the reason these 30 days notice clauses exist which was my only reason for even mentionning this. I also did say to check the lease to see if there was a 30 day clause or more.

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